Broker Owes no duty to a Third Party

0
5K

Insurance Broker is Only Required to Acquire the Policy Ordered by the Named Insured

Read the full article at https://www.linkedin.com/pulse/broker-owes-duty-third-party-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3850 posts.

The Ohio Court of Appeal was asked to determine whether an insurance broker owes a duty of care to investigate and ultimately protect a third-party lienholder’s interest in a property despite the customer’s specific instructions otherwise. In S.L. & M.B., L.L.C., et al. v. United Agencies, Inc., et al., 2021-Ohio-2780, No. 109540, Court of Appeals of Ohio, Eighth District, Cuyahoga (August 12, 2021) the court was asked to find such a duty.

ZALMA OPINION

Insurance brokers are required by law to transact insurance with, but not on behalf of, insurance companies. In this case the insured ordered insurance in its name alone and instructed the broker – based on the advice of the insured’s lawyer – to name no loss payees. After the fire the named insured collected and the lien holder received nothing to protect its interest. The lienholder failed to protect itself and then sued the named insured’s broker, without any relationship with the insurer, for the benefits it believed it was entitled to receive. This case teaches that a lienholder should carefully establish that its interest is protected and demand copies of the policies to prove it existed or obtain a separate policy of insurance to protect its interest.

Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Search
Categories
Read More
Politically Incorrect
Damming the Stream
See the source article here. What I found particularly weird though was the statement made by...
By Scathing Take 2020-10-12 21:47:42 0 7K
Other
Condition Precedent
he Condition Precedent To read the full article please Subscribe to "Excellence in Claims...
By Barry Zalma 2024-02-05 17:22:46 0 2K
Other
Never Delay Responding to Requests for Admission in Arizona
Never Delay Responding to Requests for Admission in Arizona Requests for Admission Deemed...
By Barry Zalma 2024-06-21 13:05:55 0 2K
Other
Zalma's Insurance Fraud Letter - February 1, 2022
Check out my latest article: Zalma’s Insurance Fraud Letter...
By Barry Zalma 2022-02-01 13:48:01 0 3K